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• Ciry Council Minutes October 18, 2010 B. Private Wells for Domestic Use Page 5 Attorney Beck presented the staff report and noted there is an alternative ordinance in the packet that would regulate private wells on properties in the urban service district. He stated the concern of the Utilities Commission is to protect the integrity of the water system and to protect the aquifer. Utilities Commission Chair John Dietz -Asked the Council to adopt the alternate version of the ordinance because the Utilities Commission hasn't reviewed the original version which wouldn't grandfather in past wells. He expressed concerns with having to increase water rates if the utility loses its large water customers to private wells (leaving the single family homes to pay for it). He stated the Utility built a lot of infrastructure to accommodate these water users and can't afford to lose them. Councilmember Gumphrey expressed concerns with taxpayers having to pay for the infrastructure. Councilmember Zerwas and Westgaard concurred. Councilmember Westgaard stated he also has concerns with government regulating wells on private property. He noted the city's efforts may be better served through educational campaigns. He stated he understands the intent of the ordinance but believes we should find a different way to amend the ordinance so we are not regulating people too much but are still able to maintain the infrastructure. • Attorney Beck clarified the differences between the ordinances. He stated that three- fourths of the water infrastructure is for summer usage. Councilmember Motin agreed with Councilmember Westgaard's comments. He suggested looking at this as it relates to high impact users and suggested a further review. Dave Berg, Water Superintendent -Further noted contamination concerns with well water. He discussed the financial concerns of the utility. Mayor Klinzing stated she is not interested in regulating everyone in the city and felt the focus should be on large water users. Ms. Johnson clarified that the infrastructure is paid for by water users and not taxpayers. She stated the demand for water use is what created the need for additional infrastructure. MOVED BY COUNCILMEMBER GUMPHREY TO ADOPT THE ALTERNATE VERSION OF THE ORDINANCE. Motion died for lack of a second. Councilmember Zerwas suggested removing the exceptions from the original version of the ordinance and adding it to the alternate version. Attorney Beck stated Section 78-26 (a) could have language added that refers to single • family buildable lots.